Patrick v. Patrick

785 So. 2d 169, 2001 WL 322830
CourtLouisiana Court of Appeal
DecidedApril 4, 2001
Docket34,799-CA
StatusPublished
Cited by4 cases

This text of 785 So. 2d 169 (Patrick v. Patrick) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patrick v. Patrick, 785 So. 2d 169, 2001 WL 322830 (La. Ct. App. 2001).

Opinion

785 So.2d 169 (2001)

Weta Happiness Joiner PATRICK, Plaintiff-Appellee,
v.
Christopher Wise PATRICK, Defendant-Appellant.

No. 34,799-CA.

Court of Appeal of Louisiana, Second Circuit.

April 4, 2001.

*170 D. Rex Anglin, Shreveport, George E. Lucas, Jr., Monroe, Counsel for Appellant.

T.J. Adkins, Rustin, Counsel for Appellee.

Before WILLIAMS, GASKINS and DREW, JJ.

GASKINS, J.

This appeal concerns custody of two children, an 11 year old boy and an eight-year-old girl. The father sought designation as domiciliary parent primarily due to the mother's marriage to a convicted felon. He appeals from the trial court's ruling that he failed to carry his burden of proof, as well as its order of an increase in child support. We affirm the portion of the judgment concerning custody. However, because we find the evidence pertaining to the parents' incomes insufficient, we remand the case to the trial court for further proceedings on the issue of child support.

FACTS

The parties, Weta Happiness Joiner Patrick and Christopher Wise Patrick, were married in 1985. Two children were born of this marriage: Clinton (DOB 6/16/89) and Krista (DOB 7/6/92). The parents divorced in November 1994, at which time they were awarded joint custody with the mother being the domiciliary parent and the father having visitation every other weekend, Tuesday and Thursday evenings, *171 and a portion of the holidays. As monthly child support, the father was required to pay the $678 house note, $280 in daycare expenses, and 100% of the children's uncovered medical and dental bills.

In 1996, following the mother's filing of a motion to modify custody and increase child support, a stipulated judgment modified the custody plan to eliminate the Tuesday visitation. The father received visitation on alternate weekends and Thursday evenings. At that time, the father's child support obligation was set at $950 per month, except for June and July when it was reduced to $475 per month. He was also required to continue paying the uninsured medical expenses, and school expenses were to be split between the parents.

Initially, the parents were cooperative and were able to implement the custody plan with little apparent rancor. However, when the mother's boyfriend, Roy Dowling, was arrested for stealing from his employer, the situation began to rapidly deteriorate. Mr. Dowling was an environmental safety director at Louisiana Tech University where the mother worked as an accounting technician in the payroll department. Legislative auditors discovered that Mr. Dowling had stolen university property including two computers. (Mr. Dowling gave one computer to his son from his first marriage. He donated the other to his church and took a deduction on his federal income taxes.) He was arrested for felony theft in October 1996 and fired by the university.

The father received a copy of a newspaper with an article about the theft from an anonymous source. He was also contacted by Mr. Dowling's former wife who alerted him to the possibility that the mother and Mr. Dowling were living together. Information the father gleaned from the children and private investigators led him to believe that Mr. Dowling was residing with the mother.

In February 1997, the father filed a motion to modify custody to name him as the domiciliary parent. In support, he alleged that the mother's relationship with Mr. Dowling was an inappropriate influence on the children. He also asserted that Clinton's grades had deteriorated, the mother was no longer taking the children to church regularly, and he could provide the children with a better home environment due to his remarriage in December 1995.

In March 1997, the mother and Mr. Dowling (hereinafter "the stepfather") married. That same month, the mother filed a rule seeking to modify visitation to eliminate the father's weekday visitation, to restrict his weekend and summer visitation, and to increase child support.

Trial on the rules was held on April 17, 1997; August 26, 1997; November 4, 17, and 18, 1998; December 3 and 18, 1998; and January 4, 1999.

During the lengthy period in which the rules were tried, the stepfather obtained a job in Shreveport. The mother then sought employment in the same area, securing a position at Centenary College. They moved with the children from Ruston to Shreveport. Additionally, the stepfather entered a plea of nolo contendere on the felony theft offense and was sentenced to six months of work release whereby he was allowed to work during the day but required to report to jail in the evening.

The father filed a supplemental rule in August 1998 alleging improper behavior by the stepfather toward the daughter, i.e., licking her face and arm; and abuse by the stepfather of his infant child from a prior marriage. The father also submitted psychological evaluations of the children by Dr. Bobby L. Stephenson which corroborated *172 the father's assertion that the children wanted to live with him. The boy also recounted to Dr. Stephenson that the stepfather had thrown him on a dresser. The trial court signed a temporary restraining order prohibiting the stepfather from being in the presence of the children. The court also ordered psychological evaluations of the parents, their spouses, and the children. In another supplemental rule filed in October 1998, the father alleged that the son had been consistently ill in his mother's custody, possibly due to an allergy to the mother's cats.

In August 1999, the court issued written reasons, denying the change of custody on the basis that the father had not carried his burden of proof. The court accepted testimony that, despite his felony theft conviction, the stepfather was a "good person." The court further found no "conclusive evidence" of the stepfather's alleged physical abuse of the son. Instead, the court found that the mother was good and caring; it also found no evidence that she had participated in or condoned the stepfather's complained of behavior. However, the court found that modification of the father's visitation was warranted to increase his time with the children, especially since the move to Shreveport had curtailed his weekday visits with them. The father was given custody of the children during the three summer months subject to the mother having alternate weekend visitation and two separate one-week vacation periods. As to child support, the court ordered an increase and directed the lawyers to calculate child support according to the child support worksheet, using an average of the parents' incomes for 1996 to 1998.

Judgment was signed in March 2000. In the judgment, child support was set at $1,444.23 per month, except for the summer months when it was reduced by half. The attached worksheet gave the mother's monthly gross income as $1,934.84 and the father's as $7,455.22.

The father filed a motion for new trial or alternatively a request to receive additional evidence. He alleged that the stepfather's unstable and abusive behavior had escalated and had been directed at Clinton, the mother and the stepfather's former wife. Among other things, the stepfather had allegedly threatened to hurt Clinton "real, real bad" if he told his father about the stepfather's abuse. Also, since the conclusion of trial, the mother was alleged to have reneged on her promise to keep the cats out of the house to the detriment of the children's health. Furthermore, the mother had allegedly slapped Clinton so hard she knocked the child to the ground.

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Cite This Page — Counsel Stack

Bluebook (online)
785 So. 2d 169, 2001 WL 322830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patrick-v-patrick-lactapp-2001.